Search Legislation

Renting Homes (Wales) Act 2016

Changes over time for: CHAPTER 3

 Help about opening options

Alternative versions:

Changes to legislation:

Renting Homes (Wales) Act 2016, CHAPTER 3 is up to date with all changes known to be in force on or before 06 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 2 Chapter 3:

  • specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

CHAPTER 3E+WFUNDAMENTAL PROVISIONS OF OCCUPATION CONTRACTS

18Fundamental provisionsE+W

(1)Fundamental provisions are provisions of this Act (and provisions which are fundamental provisions by virtue of section 22(1)(a)) that are incorporated as terms of occupation contracts or particular kinds or descriptions of occupation contract (subject to sections 20(1) and (2) and 21).

(2)Each provision of this Act that is a fundamental provision identifies itself as such, and specifies the occupation contracts into which it is incorporated as a fundamental term.

(3)Nothing in this Act is to be read as enabling a landlord or contract-holder to do anything which would have the effect that a fundamental provision which is applicable to the occupation contract is not, or is not to be treated as, a fundamental provision which is applicable to the contract (but this does not prevent an agreement to modify or not to incorporate a fundamental provision, or a variation of a fundamental term, which is in accordance with this Act).

Commencement Information

I1S. 18 in force at 1.12.2022 by S.I. 2022/906, art. 2

19Fundamental terms and fundamental provisions: definitionsE+W

(1)This section applies for the purposes of interpreting this Act.

(2)Fundamental provision” has the meaning given in section 18.

(3)A reference in this Act to a section or other provision which is a fundamental provision has effect, in relation to a contract in which the fundamental provision is incorporated (with or without modifications), as a reference to the fundamental term of the contract which incorporates the fundamental provision.

(4)Fundamental term”, in relation to an occupation contract, means a term of the contract which incorporates a fundamental provision (with or without modifications).

Commencement Information

I2S. 19 in force at 1.12.2022 by S.I. 2022/906, art. 2

20Incorporation and modification of fundamental provisionsE+W

(1)A fundamental provision is not incorporated as a term of an occupation contract if—

(a)the landlord and the contract-holder agree that it should not be incorporated, and

(b)F1... the effect of its not being incorporated is that the position of the contract-holder is improved.

(2)A fundamental provision is incorporated as a term of an occupation contract with modifications if—

(a)the landlord and the contract-holder agree that it should be incorporated with those modifications, and

(b)F2... the effect of its being incorporated with those modifications is that the position of the contract-holder is improved.

(3)Subsections (1) and (2) do not apply to the following fundamental provisions—

(a)section 45 (requirement to use deposit scheme),

(b)section 52 (joint contract-holder ceasing to be a party to the occupation contract),

(c)section 55 (anti-social behaviour and other prohibited conduct),

(d)sections 103(1)(b) and (2) and 108 (variation of secure contracts),

(e)sections 122(1)(b) and (2) and 127 (variation of periodic standard contracts),

(f)section 134(1)(b) and (2) and 135 (variation of fixed term standard contracts),

(g)section 148 (permissible termination),

(h)section 149 (possession claims),

(i)section 155 (death of sole contract-holder),

(j)section 158 (securing contract by use of false statement),

F3(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p)paragraph 7 of Schedule 4 (variation of secure contract addressed in written statement of introductory standard contract)[F4, and

(q)Part 1 of Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause).]

(4)Subsections (1) and (2) are subject to section 34 (landlord's failure to provide written statement of contract) and section 36 (incomplete statement of contract).

21Effect of non-incorporation and modification of fundamental provisionsE+W

(1)Subsections (2) and (3) apply where—

(a)a fundamental provision is not incorporated as a term of an occupation contract because of an agreement under section 20(1), or

(b)a fundamental provision is incorporated with modifications because of an agreement under section 20(2).

(2)If as a result it is necessary that another fundamental provision or a supplementary provision (see Chapter 4) is not incorporated, that other provision is not incorporated.

(3)If as a result it is necessary that another fundamental provision or a supplementary provision is incorporated with modifications, that provision is incorporated with the necessary modifications (in addition to any modifications made because of an agreement under section 20(2) or section 24(2)).

(4)But subsections (2) and (3) do not apply if their application would have the effect that a fundamental provision mentioned in section 20(3) would not be incorporated or would be incorporated with modifications; accordingly, the agreement mentioned in subsection (1)(a) or (b) has no effect.

Commencement Information

I4S. 21 in force at 1.12.2022 by S.I. 2022/906, art. 2

22Powers in relation to fundamental provisionsE+W

(1)The Welsh Ministers may by regulations provide that—

(a)a provision of any enactment is a fundamental provision applicable to an occupation contract;

(b)a provision of any enactment that is for the time being a fundamental provision applicable to an occupation contract ceases to be a fundamental provision applicable to an occupation contract.

(2)The Welsh Ministers may by regulations provide that—

(a)section 20(1) does not apply to a fundamental provision;

(b)section 20(2) does not apply to a fundamental provision.

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5S. 22 in force at 1.12.2022 by S.I. 2022/906, art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources